Whether you are interested in rebuttal or critiques that can expose the methodological flaws of an opposing expert’s survey or reports or would like to run a trademark survey of your own to strengthen your case, Keegan & Donato Consulting can help.
Keegan & Donato Consulting is a specialty research consultancy based in beautiful Rye, New York. Principals Mark Keegan and Tony Donato offer more than 25 years of combined experience and education in consumer-based survey research and data analysis in the context of intellectual property disputes.
The firm’s vast experience includes conducting consumer-based surveys to test a wide variety of Lanham Act claims, such as trade dress, likelihood of confusion, strength of mark, secondary meaning, acquired distinctiveness, as well as false and deceptive advertising, consumer perception, and expert witness testimony on consumer survey, marketing and economic issues.
Critique and Rebuttal
Consumer surveys are complex and require training and expertise to design and execute properly. During litigation, you may be confronted with a survey that, on its face, appears convincing and well-executed. But no survey is perfect, and Keegan & Donato Consulting can provide guidance about possible weaknesses in the survey evidence you are facing.
When critiquing or rebutting a study, we look closely at how the research was conducted to ensure than an expert’s report is consistent with consumer survey best practices. The factors we examine may include:
1. Who conducted the survey? Any expert who designs, executes, or analyzes a consumer survey should be appropriately trained and qualified and understand survey methodology.
2. Which questions were asked and how were they worded? The choice of words and phrases in a question is very important in order to convey its meaning and intent and to ensure that all respondents interpret the question the same way. Even small differences can affect the answers respondents give or lead them to respond a certain way.
3. In what order were the questions asked? The order and structure of the questions can bias survey results. Questions asked early in a survey can have unintended effects on how respondents answer subsequent questions.
4. How was the universe defined? What was the sampling frame used to identify the survey population? Did the survey results accurately reflect the demographics of people who use the product in question? A survey’s relevance depends upon proper identification of the target population, and precautions should be taken to decrease the likelihood of sample bias.
5. What method did the researcher use to select respondents? Potential respondents should be screened with initial questions to determine their eligibility to participate in the survey. If a sample group doesn’t properly match the target audience or population, the results could be incorrect.
6. Was the survey data properly analyzed and reported? Was the data analyzed in accordance with accepted statistical principles?
In addition to a rebuttal or critique of the consumer survey itself, Keegan & Donato Consulting is often enlisted for advice on how to approach an opposing expert’s deposition. We can counsel you on specific survey-related issues to address with the expert and on areas of questioning about survey research in general.
When you need a rebuttal or critique in connection with trade dress infringement cases, consider Keegan & Donato Consulting. Get in touch with us today at (914) 967-9421 to learn more about our approach and our affordable services.